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D
damages. Money payment recovered in the courts for
an injury or loss caused by an unlawful act or omission or negligence of
another.
decedent. A deceased person.
declaratory judgment. Judicial adjudication of the rights of the parties
in a lawsuit made to clarify the parties' legal positions.
decree. Declaration of the court announcing the legal consequences of the
facts found. See also order, judgment.
defendant. In civil law, the party defending a lawsuit; the party against
whom the plaintiff seeks to recover damages from.
demurrer. Defendant's claim that even if the allegations in a complaint
are true, they are not sufficient to impose any liability on the defendant.
deposition. Testimony of a witness taken under oath, but not in a
courtroom. May be used to discover evidence prior to trial or to preserve
testimony for use in court at a later time.
dicta. Plural of "obiter dictum." A remark made by a judge in a legal
opinion that is irrelevant to the decision and does not establish a precedent.
direct evidence. Generally, eyewitness evidence. Compare with
circumstantial evidence.
disability. In the legal sense, lack of legal capacity to perform some
act
dismissal with prejudice. Final judgment against the plaintiff
which prohibits bringing an action on the same cause of action in the future. In
contrast, "dismissal without prejudice" allows the plaintiff to sue again for
the same cause of action.
doctrine of avoidable consequences or mitigation of damages. Imposes a
duty on victims of a tort to take reasonable steps to minimize their damages
after an injury has been inflicted.
duty. In negligence cases, a "duty" is an obligation to conform to a
particular standard of care. A failure to so conform places the actor at risk of
being liable to another to whom a duty is owed for an injury sustained by the
other of which the actor's conduct is a legal cause. See reasonable man
doctrine.
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